A close-up look at NYC education policy, politics,and the people who have been, are now, or will be affected by acts of corruption and fraud. ATR CONNECT assists individuals who suddenly find themselves in the ATR ("Absent Teacher Reserve") pool and are the "new" rubber roomers, and re-assigned. The terms "rubber room" and "ATR" mean that you or any person has been targeted for removal from your job. A "Rubber Room" is not a place, but a process.

One of those three now works at a foundation that was, for many years, the vehicle for Mr. Bloomberg’s personal charitable donations.

A fourth panelist is the head of a museum that has received almost half a million dollars from Mr. Bloomberg in donations since he took office.

The eight panelists share deep experience in the education field as academics and administrators. It is precisely the kind of experience that Mr. Bloomberg’s choice for chancellor, Cathleen P. Black, the chairwoman of Hearst Magazines, lacks.

Mr. Steiner must decide whether to grant Ms. Black a waiver from state law requiring leaders of school districts to have substantial education credentials and experience.

Citing the prerogative of mayoral control over the schools, the Bloomberg administration has argued that she is a “visionary” with experience in managing large and unwieldy organizations, as well as a familiarity with dealing with customers who are not always happy.

But critics of Ms. Black’s selection, including many opposed to mayoral control in the first place, say that her appointment, which was a closely guarded secret until just minutes before the announcement on Nov. 9, demonstrates that Mr. Bloomberg is tone-deaf to the voices of parents and teachers who want an educator in the top spot.

The panel is scheduled to hold its first, and probably only, meeting on Tuesday in private in New York City. Education officials say that only the panelists, the commissioner and staff members will attend.

While it is not clear when Mr. Steiner will make his decision, many people expect that he will do so shortly after the Thanksgiving break, or well before Joel I. Klein, the current chancellor, departs at year’s end.

The chairwoman of the panel is Susan H. Fuhrman, the president of Teachers College at Columbia University. Three panelists are in charge of sizable urban school districts: Andrés A. Alonso, the chief executive of the Baltimore school system and a former deputy chancellor under Mr. Klein; Jean-Claude Brizard, the superintendent in Rochester and a New York City native who has been a teacher and principal and was a top aide to Mr. Klein; and Bernard P. Pierorazio, the Yonkers superintendent and a former top official at that city’s highly regarded Saunders Trades and Technical High School.

In an interview, Mr. Brizard said, that he would keep an open mind.

“I’m anxious to see Cathie Black’s credentials, and I’m interested to know what her vision is,” he said. “I don’t believe you need to be an educator, but you certainly need to understand what the goals are, and how the system works.”

The other panelists are: Ronald F. Ferguson, a Harvard economist who focuses on the achievement gap between minority students and white students; Kenneth G. Slentz, a top aide to Mr. Steiner at the State Education Department; Louise Mirrer, president and chief executive of the New-York Historical Society, which has received regular donations from Mr. Bloomberg, and a former top official at the City University of New York; and Michele Cahill, a vice president at the Carnegie Corporation of New York and a former senior educational policy adviser to Mr. Klein.

When asked about the panel, Stephan Ellenwood, chairman of the Department of Curriculum and Teaching at Boston University and a former colleague of Mr. Steiner’s there, said that he would have expected more panelists to come from academia.

Assemblyman Hakeem Jeffries, a Brooklyn Democrat who has long been critical of Mr. Bloomberg’s education policies, questioned the panel’s makeup, saying, “It appears that the deck has been stacked in favor of granting the waiver in a manner that will further undermine public confidence in the appointment of Ms. Black.”

But Michael Mulgrew, president of the United Federation of Teachers, the city teachers’ union, said, “All of these people have heavy-duty backgrounds and success in education, so obviously David Steiner is clearly looking at this from the educational side, as he should be.”

One panelist, Ms. Cahill, has personal experience with the waiver issue.

As one of Mr. Klein’s most trusted aides from 2002 to 2006, she played a crucial role in reorganizing the school system and developing new schools, and was the driving force behind new programs for students most at risk of dropping out. But in 2004, she was denied a state waiver to serve as deputy chancellor, because while she had a dozen years of teaching experience and a master’s degree in urban affairs, she lacked traditional education supervisory credentials.

She now works at the Carnegie Corporation of New York, a philanthropic organization, as director of urban education, and said it was important to find someone to continue what Mr. Klein started.

“I think that the next chancellor of the school system has to present a commitment to the kind of reform that has resulted in the positive outcomes that have happened in New York City at this time,” she said.

She said she did not see her time working for Mr. Klein as a conflict. “People will assume what they want to,” she said. “I have a 40-year record on education. I have had many professional positions, and I have worked with more than 30 school districts throughout the country.”

Still, it was widely known that Mr. Bloomberg, until recently, made his charitable gifts to hundreds of arts and cultural groups through Carnegie.

But George Soule, a Carnegie spokesman, said Friday that “there was no intersection whatsoever” between Ms. Cahill and that money, which he described as having come from “an anonymous donor.”

Mike Bloomberg's legacy will be that of finding a replacement for Joel Klein. He is very aware that he made an egregious error in not just hiring Joel Klein, but keeping him as long as he did.

I heard that Mike disliked Joel for more than a year, maybe more. However, firing Joel would mean that people would say Mike Bloomberg saw the error of hiring him in the first place. Mike Bloomberg never, never accepts error of anything he does or that looks like he will be held accountable for. So, Joel stayed, way past his time. Now Mike has three years to ram forwad his agenda in NYC's public school system, so I think we will be even less participative government in this area than ever before....if that is possible.

Mayor Bloomberg has determined to place the futures of the city's 1.1 million public school kids in the hands of publishing executive Cathie Black. He made the call. Let's go with it.

Barring the unlikely emergence of a disqualifying disclosure, state Education Commissioner David Steiner should sanction Black's appointment as schools chancellor, and do so as quickly as possible.

While Black is highly accomplished, her selection by Bloomberg has generated predictable opposition from those who disagree with his school policies and, more widely, a sense of puzzlement.

The Daily News front page that reported the Black pick summed up the response with the word, "HUH?" over the question, "No education experience, kids went to private school - she's perfect to run our struggling schools! Right?"

Bloomberg is convinced she is. His opinion demands respect, given his track record in identifying talent and the fact that mayoral control of the schools means mayoral control of the schools.

Steiner has a say over Black's appointment because state law says superintendents must possess certain education credentials, while empowering the commissioner to waive the requirements.

The mayor applied for a waiver because Black spent her career not in the classroom or in the education bureaucracy, but in magazine and newspaper publishing, most recently at Hearst.

Concern over formal credentials is overblown. Some of the most important school reformers of the day, including departing Chancellor Joel Klein, are outsiders to the education world.

At the same time, if you go city by city across the country, you will not find a deep field of school superintendents who are gangbuster reformers and show the smarts to conquer New York.

Steiner will decide the fate of Black's appointment on the recommendation of an advisory panel. They all would do well to heed Bloomberg's desire to have in the job a top-notch manager who would be supported by education professionals.

The commissioner also well knows that Bloomberg put the city at the forefront of school reform in the state and across the nation before Steiner was appointed. The policies Bloomberg and Klein implemented then proved to be exactly in sync with Steiner's thinking. He needs the city's schools to stay in the lead if he is to succeed in his own job.

In effect, Bloomberg is asking for Steiner's trust. Based on what's at stake, the mayor needs it. Based on his record, he has earned it.

From Betsy Combier: I disagree with everything said in this editorial, especially in the last sentence where the NY Daily News writes that Mike Bloomberg has earned Steiner's trust. I believe that Steiner always trusted that Mike Bloomberg meant what he said, and said what he meant.

But why does anyone care if Mike has Steiner's trust? Why dont we care if Mike Bloomberg has earned the public, or stakeholder's trust?

The head of the state Department of Education named on Friday an eight-member panel to screen publishing executive Cathie Black, Mayor Michael Bloomberg's selection for schools chancellor.

By law, the state education commissioner must grant a waiver to a chancellor candidate who does not have the experience required.

Earlier this week, Bloomberg sent State Education Commissioner David Steiner a request for that waiver that would allow Black to serve.

To help make the decision on whether to grant the exception, Steiner has convened a panel to be led by Dr. Susan Fuhrman, president of Teachers College. She has received tens of millions of dollars in city Department of Education contracts, including one worth $16 million signed this year.

Three of these eight panelists worked directly for outgoing Schools Chancellor Joel Klein, as some of his closest advisors.

Dr. Andres Alonso, who is currently the CEO of Baltimore's schools, served under Klein as the chief of staff and then deputy chancellor for teaching and learning.

﻿

Jean-Claude Brizard

Jean-Claude Brizard, superintendent of the Rochester City School District, served under Klein as a superintendent for three different city districts.

Michele Cahill of the Carnegie Corporation was Klein's senior policy counselor and a member of his leadership team responsible for reorganizing the entire system.

The other panelists are Dr. Ronald Ferguson, a professor at Harvard University; Bernard Pierorazio, superintendent of the Yonkers Public Schools; and Kenneth Slentz, associate commissioner for the Office of District Services for the New York State Education Department.

There are no parents or parent representatives on the committee, which will likely spark criticism.

A spokesperson for the state DOE said the agency values the panelists' experience, saying, "Naturally, it was important to have panelists with New York City school system knowledge and experience."

Cahill also has personal experience with the waiver process. In 2004, Klein sought a waiver for Cahill to become a deputy chancellor, although she had little experience as an educator. The state turned him down.

When Klein was appointed to be chancellor, he also needed a waiver.

Steiner has not given a timeline for when the waiver process for Black will be completed.

Andres Alonso Alienates Baltimore TeachersEdnotesonlineLINK
It took Andres Alonso about 2 minutes of leading the Baltimore school system to alienate the teacher union - following the Plan. Expect the same to happen in Washington with another Klein acolyte running things. Note that teachers are fighting back by refusing to work the extra hours. After working in NY as Klein's assistant, Alonso is unfamiliar with unions that aren't interested in collaborating.

City Teachers To Picket Over Planning Time

BALTIMORE -- Baltimore city school teachers concerned about their contracts are planning to set up what they call informational pickets. They said the goal of the picketing is to put pressure on the administration to sign on the dotted line. City teachers agreed over the summer to work only those hours called for in the contract, refusing to take part in before- and after-school activities. The teacher's union is currently vowing to go a step further by setting up informational pickets this week outside at least three schools. "It will inform the public. We will be asking them to contact the school board in support of us, and let them know that teachers in Baltimore city are working without a contact, and they are to support this effort," said Marietta English of the Baltimore City Teacher's Union. The union said the main sticking point in the contract is teacher planning time. City School Chief Executive Officer Dr. Andres Alonso said that the contract dispute really boils down to a simple request by the administration. "The board and I have asked for one planning period a week to be used for common planning time or professional development at the discretion of the principal. I hear I'm trying to take away planning time. That's ridiculous," he said. "We are talking about planning time, time that is precious to teachers and time that they need to plan their lessons to mark papers to get prepared for the next class," English said. The union said that until there's a new agreement, teachers will continue to work by the terms of their old contract. WBAL TV 11 News learned that the Baltimore city teachers union is not pleased with the school board or Alonso. The union said it is prepared to take a vote of no confidence as it relates to the contract controversy.

Charter schools have had something of a coming out party lately. While public education supporters have loudly opposed Mayor Michael Bloomberg’s appointment of Cathie Black as Schools Chancellor, charter school owners have run a very public campaign in support of Black and the Mayor. Charters are privately owned and publicly funded enterprises that have taken to combining splashy media appearances with behind the scenes influence to shape many of the decisions that effect public education.

Bloomberg’s bypassing of democratic norms such as public hearings, town hall meetings or a transparent selection process allowed the charter school owners to appear as authoritative sources in the realm of public opinion. This was, however, something more like an echo chamber since the charters were in on the Cathie Black appointment from day one.

The Charter Schools Speak!

Chief among the charter spokespeople is Deborah Kenny, the founder and CEO of the Harlem Village Academies. Kenny squared off with New York Public Advocate Bill DeBlasio on the popular FOX morning show Good Day New York after Bloomberg announced the Black appointment.

DeBlasio made the rather tepid demand that a public hearing be held where Black could lay out her vision for the school system and take questions from opponents. Kenny wasn’t having it.

She called the proposals that Black have a background in education “extremely disrespectful to teachers” who, she argued, didn’t need pedagogical direction from above. In addition, a hearing, “takes us back into the Dark Ages” before Mayoral control where everyone had an opinion, but nothing was done. Kenny described Black as “an excellent leader” and emphatically stated that she trusted Bloomberg’s judgment.

Not surprisingly, DeBlasio caved quickly by swearing allegiance to Mayoral control. He then followed this by saying that he himself was not opposed to the Black appointment per se. He just wanted to hear her present her ideas. So much for the opposition.

The FOX News anchor was a bit feistier. He pushed Kenny by indicating that appointees at the Federal level also face public confirmation hearings where they are forced to lay out their plans. A snide smile from Kenny was followed by, “And how much do we get done at the Federal government level?” Sensing he had gone too far out on a liberal branch, the anchor recoiled.

Kenny was successful in tying the appointment to the larger issue of Mayoral control, demonizing an attempt at public accountability and staking her claim as an authority capable of evaluating such an issue.

When the Privatizers Attack!

Eva Moskowitz, CEO of the Harlem Success Academy, took a different tact on the Black appoint by choosing to lay out the charter’s vision of the future in print. The debate offered Moskowitz an opportunity for mass ideological education, charter style.

Drawing on claims that presented Black as a “no-nonsense leader” and “bold manager,” Moskowitz presented a “to-do” list in a Daily News op-ed. Top of the list, no surprises here, is “parent choice.” In charter school new-speak this means even more privatization of the public education system by opening up the number of charters that are available.

The second was even more openly ideological with a few dashes of racial overtones thrown in. In Moskowitz’s mind, “middle-class parents” want in on the charter school craze, but these institutions mostly exist in “low-income communities.” Expanding charters is her next step following “our focus on crime in the 1990s made the city more livable.” This could “take city living to the next level.” Presumably, white flighters from the suburbs would roar back into the city once the charter schools clean things up educationally.

The final points on the list involve a direct assault on public schools, public school teachers and the United Federation of Teachers (UFT). “Charter schools,” she argued, “need to be treated like the public schools they truly are… [not]… routinely targeted and attacked as private entities.” She called for increased funding per-pupil to make the public and charter schools equivalent, a move that would certainly bankrupt the system and shift the advantages even more in the direction of charters.

Finally, Moskowitz urged Black to confront the UFT. She presented the union contract as serving to, “prevent the city from attracting and retaining talented educators who want schools organized around teaching and learning, not the interests of grownups.” Presumably, grownup interests include trivialities such as healthcare, vacation and job security. Are there any talented educators that are not concerned about these issues?

Autocratic City Hall – Where the Charter Schools Breed

While Moskowitz and Kenny took their conservative message to the masses via the media, Geoffrey Canada, the CEO of Harlem Children’s Zone, worked in place more familiar to charter school owners – the political shadows of City Hall politics. Canada admitted that he was the only “educator” consulted about the Black appointment by Mayor Bloomberg. No surprise since the Mayor recently described Canada as “the most important living New Yorker.”

Despite the revelation, Canada still played it close to the vest in an interview with the New York Times. He refused to relay any details regarding his conversation with the Mayor and towed the company line by saying he was “thrilled” by the choice while deflecting notions that he himself had been a leading candidate.

Then again, Canada has bigger fish to fry then the New York political scene has to offer. He has vaulted himself onto a national stage as a leading voice for “educational reform” in the form of charter school privatization. The heavily pro-charter documentary “Waiting for Superman” has solidified his national profile and open the door for presentations such as recent one made at the US Department of Education.

Tea Partiers in Suits?

Kenny, Moskowitz and Canada are the public faces of a deeply conservative political force in New York City. Flush with funds hijacked from the public sector and skilled at manipulating terms like “reform” and “empowerment,” these are not your Tea Party type conservatives. Nonetheless, the goals seem quite similar – annihilate the public sector, break the strength of unions and exert political authority outside of democratic norms.

They have clearly found a champion in Cathie Black, a corporate manager skilled at asset stripping, downsizing and violating rights on a local and global basis. The social power of the charters has been exercised in her defense.

The hope is that the sheer arrogance of this maneuver by Bloomberg will awaken some spirit of resistance amongst the people of this city who are served by the public schools. If not, the trends toward privatization and autocratic political authority will accelerate, leaving behind students in increasingly desperate need of a good education and a society in equally urgent need of grassroots democratic renewal.

Billy Wharton is a writer, activist and the editor of theSocialist WebZine. His articles have appeared in the Washington Post, the NYC Indypendent, Spectrezine and the Monthly Review Zine. He can be reached atwhartonbilly@gmail.com. Become a FAN on Facebook.

oh yes, and let's add that Michelle Cahill has been brought in to "help" Commissioner Steiner with getting the waiver for Ms. Black so that she can be Chancellor.

Michelle Cahill????? I spoke with her several times when she was General Counsel for the NYC BOE. I tried to get due process rights for several children, both in special education as well as suspended without cause. Ms. Cahill helped the BOE obstruct the justice due these kids quickly.

Here's more:

Michele CahillCarnegie Foundation

Vice President, National Program, and Program Director, Urban EducationLINK

Michele Cahill is vice-president for national programs and director of urban education at Carnegie Corporation of New York where she leads the Corporation's strategy to meet the twin goals of contributing to societal efforts to create pathways to educational and economic opportunity by generating systemic change across a K-16 continuum, and to create pathways to citizenship, civil participation and civic integration in a pluralistic society.

Prior to rejoining Carnegie Corporation in 2007, she held the position of senior counselor to the chancellor for education policy in the New York City Department of Education under Chancellor Joel Klein. Cahill was a member of the Children First senior leadership team that oversaw and implemented the full-scale reorganization and reform of the New York City public schools. She played a pivotal role in the development of Children First reforms in secondary education, district redesign and accountability, new school development, and student support services. Cahill led a number of research and development projects and co-managed the cross-functional school restructuring processes for four years.

Cahill spent three years with Carnegie Corporation as a senior program officer in the Education Division. She was responsible for the vision and the establishment of Schools for a New Society, the Corporation's seven-city urban school reform experiment, and the New Century High Schools, a partnership with the Bill & Melinda Gates Foundation, the Open Society Institute and New Visions for Public Schools.

Cahill has more than thirty years experience in education reform, youth development and urban affairs work. She served as Vice President of the Fund for the City of New York where she developed the Beacons Schools initiative with New York City and as Vice President for Schools and Community Services at the Academy for Educational Development where she led several national demonstration projects with more than 20 urban districts. Cahill spent a decade as the co-founder of the Public Policy Program, a nationally recognized innovative college program for non-traditional students and assistant professor and Director of the Urban Studies Program at Saint Peter's College in Jersey City.

Cahill has a B.A. in Urban Affairs from Saint Peter's College, a Masters of Arts in Urban Affairs from the University of Wisconsin-Milwaukee, and she pursued doctoral studies in social policy and planning at Columbia University where she was a Revson Fellow.

TV Appearances by Betsy Combier

Lawline

Contact me with a concern or issue

I assist anyone who needs help, so email me your problem to start the ball rolling! I am a teacher/parent advocate, and I am the editor/writer for this blog and the website parentadvocates.org. I also write about court corruption on my blog "NYC Court Corruption". I am interested in random injustice and the criminalizing of innocent people. If you want to chat you may email me at: betsy.combier@gmail.com and I'm on twitter and have a facebook page too. I'm not an attorney and do not give legal advice.

If you want to talk with me about your 3020-a charges, I consult and go over your case without charge. No fee.

And, in response to the lies of certain individuals who resent my work, the truth is that all conversations are confidential and I do not tape secretly.

Testimonial from an Exonerated Teacher

Dear Betsy,I am forever indebted to you, Betsy, for your expert counsel throughout a horrific ordeal. You worked tirelessly to prove my innocence in a 3020a proceeding that was instigated by a corrupt school district and fueled by lies. My proceedings ended with my complete exoneration, my record expunged and my immediate return to the classroom. We didn't even need to file an appeal! Thank you, Betsy. I am now eligible to retire and enjoy the benefits you helped me to protect. God bless you and the work you do protecting the innocent.Sincerely,Maria Gargano

My Thoughts and Raison d'etre

This blog is about the denial of Constitutional rights by the Mayor, the New York City Department of Education and the Chancellor, New York State and Federal Courts, New York State legislature, and the United Federation of Teachers (UFT), as well as PACs and all parties participating in the business of public school education in New York City, to harm and in neglect of parents, children, and staff of public schools in the five boroughs. These thoughts are not simply mindless conclusions reached out of thin air, but a result of 14 years of research into the NYC DOE and the Courts as a reporter and paralegal.
I am an advocate of Unions and union rights, public schools and charters, and learning online as well as outside of the classroom. I cannot and do not support anyone, whether they be union management, government, private members of the political or legal system, or simply retired teachers with an agenda, if he or she tramples, discards, or rebuffs anyone's individual civil rights. As a reporter, journalist, advocate, researcher and paralegal, I have created this blog to inform the public about my experience working for the UFT and being the parent of four daughters who went through the public school system in NYC, as well as examine issues that flow from the massive denial of due process rights that I saw and have documented. The two most important points you should remember: first, everyone at the New York City Board/Department of Education and all Union bigs are motivated by power and money, and looking good. If anyone dares to blow the whistle on these racketeers, retaliation follows, so be a strategist; second, I am not an Attorney and nothing I write or say is legal advice, simply my thoughts. Take 'em or leave 'em.
Betsy Combier, Editor
NYC Rubber Room Reporter
http://nycrubberroomreporter.blogspot.com
New York Court Corruption
http://newyorkcourtcorruption.blogspot.com
Parentadvocates.org
http://www.parentadvocates.org
Facebook: http://www.facebook.com/betsy.combier
Twitter: http://twitter.com/BetsyCombier
The NYC Public Voice
http://nycpublicvoice.blogspot.com/betsy.combier@gmail.com
Lawline July 27, 2011
http://www.teachem.com/lawlinetv/learn/lawline-tv-teachers-unions-the-last-in-first-out-rule/

Principal Anne Seifullah changes her image so that she can keep her job amidst sexting and trysts in the school, Robert Wagner Secondary Sch...

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FAITH

When we walk to the edge of all the light we have and take the step into the darkness of the unknown, we must believe that one of two things will happen. There will be something solid for us to stand on or we will be taught to fly. Patrick Overton

Truth Seeks Light - Lies Seek Shadows

Twins Jill Danger (left) and Betsy Combier(right)

sayin like it is

Actions Have Consequences

Writing as Music

Rubber Room teachers wish me a happy birthday (2006)

"Educating the mind without educating the heart is no education at all."

Rubber Room Satire

The Labor Movement

The Teaching Equation

We Can Work Out Our Differences

The E-Accountability Foundation

The E-Accountability Foundation brings you this blog which highlights issues that have or should be read by people interested in civil rights, and accountability. The E-Accountability Foundation is a 501(C)3 organization that holds people accountable for their actions online and, through the internet, seeks to bring justice to anyone who has been harmed without reason. We give the'A for Accountability' Awardto those who are willing to blow the whistle on unjust, misleading, or false actions and claims of the politico-educational complex in order to bring about educational reform in favor of children of all races, intellectual ability and economic status.

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Performance Management - Office of Labor Relations

From Betsy Combier

The NYC Office of Labor Relations, with the support of the UFT, has issued to principals a document called"Performance Management" on how to get rid of an incompetent teacher. Who is an "incompetent teacher"? Anyone the NYC Department of Education wants to remove from the system because he/she is too senior (makes too much money), is disabled (and therefore cannot be deemed factory-perfect) and/or is other impaired (is a whistleblower, cannot be intimidated, is ethnically challenged - not the 'right' race, etc).

Candace R. McLaren

Director, Office of Special Investigations (OSI)

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Polo Colon

"Rubber Room"

(1) a space where a worker subject to a disciplinary hearing or other administrative action waits and does no work; generally, a place or personal mind-set of isolation.(2) a literal reference to a padded cell, which is, according to the New Oxford American Dictionary, “a room in a psychiatric hospital with padded walls to prevent violent patients from injuring themselves.”from Double-Tongued Dictionary http://www.doubletongued.org/index.php/dictionary/rubber_room/

"Rubberization"

The word "rubberization" is a new word that is used to describe the process of assigning and paying people to sit and do nothing in a drab room away from their place of employment while their employers make up charges that allege sexual or corporal misconduct without any facts upon which to base the allegation on.

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Theresa Europe, NYC BOE ATU Director

Robin Greenfield

Deputy Counsel to the NYC DOE

UFT Pres. Mike Mulgrew and NYC Mayor Mike Bloomberg

UFT umbrella pals

New York State Supreme Court Judge Manuel Mendez

ATR CONNECT

Tenured Teachers who are found to be guilty of misconduct or incompetency at 3020-a but are not terminated, who have blown the whistle on the misconduct of politically favored NYC Department of Education employees, and/or who are simply disliked for any reason can suddenly find themselves in the ATR ("Absent Teacher Reserve") pool - employees without rights or voices, and without chapter leader union representation.

This new group of people are the "new" rubber roomers without representation at the UFT and denied the protection of the Collective Bargaining Agreement, because basically they have been pushed out of their jobs unfairly and under color of law by Mayor Bloomberg and the Chief Executives of the Department of Education who call themselves "Chancellors", "Network Leaders", "Superintendents", etc., consistently without any facts or evidence to support the false claims.

A group of teachers who are, or were, made into ATRs, ATR Polo Colon, and I, Betsy Combier, an advocate for transparency and labor/employment rights, have joined together to expose the denial of due process, civil and human rights by chiefs of the NYC Department of Education (NYC DOE), certain arbitrators at 3020-a, leaders of the United Federation of Teachers (UFT), the "investigators" -agents who work for the Special Commissioner of Investigation (SCI), Office of Special Investigation (OSI), and the Office of Equal Opportunity (OEO) - and the Attorneys who work for the New York United Teachers (NYSUT), and the New York Law Department (Corporation Counsel).

In order to protect the safety of those who join this group to promote an end to the "Rubberization" process described on this blog since 2007, names of those who tell their stories will, for now, remain anonymous if the person so desires, and Polo and I will be the gatekeepers. So if you are an ATR, or know a story involving an ATR or someone re-assigned or about to go into a 3020-a, please use the email address advocatz77@gmail.com and give us your contact information. We will protect your anonymity and hold onto your privacy.

Betsy Combier and Polo Colon, Editors

FAITH When we walk to the edge of all the light we have and take the step into the darkness of the unknown, we must believe that one of two things will happen. There will be something solid for us to stand on or we will be taught to fly.

Patrick Overton

We have forty million reasons for failure but not a single excuse.Rudyard Kipling (1865-1936)

The Re-Assignment Overview by Betsy Combier

The New York City Board of Education decided in 2002 to rid the public school system of staff who interfered with their takeover and control. The criteria for a "good teacher" is now, more often than not, a "silent teacher", a person who never asks questions, is younger than 40, is making a salary below $50,000, does not care about kids and what they learn, or whether or not money (books, supplies, equipment, etc) is missing. When a teacher or staff member of a school dares to do the right thing and speaks out about wrong-doing - this person is often called a "whistleblower" or "flamethrower" - or, simply is not liked for any reason by the Principal/NYC personnel, suddenly he/she is accused of something by somebody ("given a label of "A", "B", "C", and so on) and whisked away to a drab room called a temporary re-assignment center or "rubber room". Members of the offices of the Special Commissioner of Investigation or the Office of Special Investigations then start work on building a case against the person to justify their being thrown in prison, declared "unfit for duty", or, as Mr. Joel Klein has said, characterized as "guilty of sexual activities and corporal punishment" against the children of New York City.The stories of the people I have met who sit every day in the 8 rubber rooms of NYC prove to me that Mr. Klein is very wrong about his assessment, and this blog is created to prove it to you.

Puppy Snooze

US Department of Labor ELAWS

Aeri Pang, Gotcha Squad Attorney

Attorney Pang, red dress, now chief Attorney For New York State Supreme Court Judge Cynthia Kern

New York State Supreme Court Judge Cynthia Kern

NYC EdStats You Can Use

$12.5 billion: Annual New York City Department of Education (DOE) budget (2002)

$21 billion: Annual New York City DOE budget (2009)
1,719: Number officials employed by the DOE central administration in June 2002

2,442: Number of officials employed by the central administration as of November 2008

2: Number of DOE officials earning more than $180,000 per year in 2004.

22: Number of DOE officials earning more than $180,000 per year in 2007.

5: Number of DOE public relations staffers in 2003.

23: Number of DOE public relations staffers in 2008.

944: Number of contracts approved by DOE in 2008, at a total cost of $1.9 billion.

20: Percentage of contracts that exceeded estimated cost by at least 25 percent.

$67.5 million: Annual budget of Project Arts, a decade-old program that was the sole source of dedicated funding for arts education. It was eliminated in 2007.

86: Percentage of principals who said in a 2008 poll that they were unable to provide a quality education because of excessive class sizes in their schools.

100,000: Number of seats DOE plans to provide for charter school students by 2012.

25,000: Number of seats DOE plans to build under 2010 to 2014 capital plan.

66,895: Number of K-3 school-children in classes of 25 or more during the 2008-09 school year.

15,440: Average number of seats per year built during the last six years of the Rudolph Giuliani administration.

10,895: Average number of seats per year built during the first six years of the Bloomberg administration.

27.2: Percentage of newly hired teachers in 2001-02 who were Black.

14.1: Percentage of newly hired teachers in 2006-07 who were Black.

53.3: Percentage of newly hired teachers in 2001-02 who were white.

65.5: Percentage of newly hired teachers in 2006-07 who were white.

76: Percentage of white and Asian students who performed better than the average Black and Latino students in 8th grade English Language Arts (ELA) in 2003.

75: Percentage of white and Asian students who performed better than the average Black and Hispanic students in 8th grade ELA in 2008.

77: Percentage of white and Asian students who performed better than the average Black and Hispanic 8th graders in math in 2003.

81: Percentage of white and Asian students who performed better than the average Black and Hispanic 8th graders in math in 2008.

54: Percentage of New York City public school parents who disapproved of Mayor Bloomberg’s handling of education, according to a March 2009 Quinnipiac poll.

Sources: New York City Council, New York City Comptroller’s Office, New York Daily News, New York Post, Eduwonkette, Quinnipiac Institute, Black Educator, Class Size Matters, New York City Schools Under Bloomberg and Klein.

Betsy Combier and NYSUT lawyer Chris Callagy

The New York City Whistle Award

NYC Whistlers, Winners of the NYC Whistle Award

...are those individuals in New York City who are willing to whistleblow unjust, misleading, or false actions and claims of the politico-educational complex in order to bring about educational reform in favor of children of all races, intellectual ability and economic status. Whistlers ask questions that need to be asked, such as "where is the money?" and "Why does it have to be this way?" and they never give up.

These people have withstood adversity and have held those who seem not to believe in honesty, integrity and compassion accountable for their actions.

Congratulations, and keep up the good work!

Betsy Combier

Special Commissioner of Investigation Richard Condon

Condon "qualified" for his current post after Bloomberg lowered standards; who will leash him?

A great teacher

After being interviewed by the school administration, the prospective teacher said: 'Let me see if I've got this right.

'You want me to go into that room with all those kids, correct their disruptive behavior, observe them for signs of abuse, monitor their dress habits, censor their T-shirt messages, and instill in them a love for learning.

'You want me to check their backpacks for weapons, wage war on drugs and sexually transmitted diseases, and raise their sense of self esteem and personal pride.

'You want me to teach them patriotism and good citizenship, sportsmanship and fair play, and how to register to vote, balance a checkbook, and apply for a job 'You want me to check their heads for lice, recognize signs of antisocial behavior, and make sure that they all pass the final exams.

'You also want me to provide them with an equal education regardless of their handicaps, and communicate regularly with their parents in English, Spanish or any other language, by letter, telephone, newsletter, and report card.

'You want me to do all this with a piece of chalk, a blackboard, a bulletinboard, a few books, a big smile, and a starting salary that qualifies me for food stamps. 'You want me to do all this and then you tell me. . . I CAN'T PRAY?

NYC Police Commissioner Ray Kelly

Joel Klein's famous statement about rubber room teachers and staff

On November 27, 2006, temporarily re-assigned teacher (TRT) Polo Colon asked Joel Klein, the "pretend" Chancellor of the NYC public school system, if he had voted to terminate teachers at the secret Executive Session held just before the public meeting of the Panel For Educational Policy.Mr. Klein answered,"We did not vote to terminate you. We did vote to terminate a teacher in executive Session...in fact, we voted to terminate two teachers. It's perfectly consistent with the law.Many teachers have been charged with sexual activities and some are charged with corporal punishment...I have no interest in removing people who are qualified to teach, I can assure you, because I dont get any return...and in fact, I have complained publicly about how long this process drags out. But our first concern will always be and, as a former lawyer and somebody who clerked on the United States Supreme Court I will tell you, there is no violation of due process whatsoever..."- extracted from the audiotape of the PEP meeting bought by Betsy Combier after filing a FOIL request to the NYC BOE

November 26, 2007 Candelight Vigil

The School Law Blog

A Review of Battling Corruption in America's Public Schools by Betsy Combier

Lydia Segal's book puts the NYC, Chicago, and California Departments of Education on notice....we who have read this book know more about how the system is not there for our kids than "you" want us to know. Lydia Segal's book Battling Corruption in America's Public Schools changes the public school reform movement forever. We can no longer assume that more money allocated to our schools will "fix" the disaster that is our public school system.

Lydia Segal draws on her 10 years of undercover investigation and research in over five urban school districts, including the three largest, New York City, Los Angeles, and Chicago, and the two most decentralized, Houston and Edmonton, Canada, to provide, in her new book Battling Corruption in America's Public Schools, the details of the corruption, theft, fraud, and patronage that has overrun our public school establishment for several decades. There is no question that anyone who is interested in school reform -this means anyone who pays taxes, is a parent or guardian of a child attending school and/or who works toward a goal of establishing an education system that puts children first - must read this book. Ms. Segal's research and information on the education establishment's 'dark' side outrages the reader, and incites us to demand change. Her book therefore, is much more than a book, it is a call to action. We cannot be bystanders any longer to the systemic abuse she so vividly describes, and we will never be able to listen in the same way ever again to school Principals, Superintendents, school custodians or district board members as they request more money "to help the children."

The book's detailed reports on the corruption and crime in our public schools, supported by 52 pages of interview notes, references and specific examples, provide irrefutable evidence that the current failures of our nation's public schools are not due to the lack of money but the impossibility of getting the money to the children who need it and for whom the money is allocated in the first place. Recent statistics show that students of all ages are not learning what they need to know, schools are overcome with violence, teachers are demoralized, and yet billions of dollars are literally shovelled into the system every year. The New York City school system receives more than $16 billion every year; Los Angeles, $7 billion; and Chicago, $3.6 billion. Where does this money go? We have all asked this question as we have walked through school hallways dodging the paint falling off the walls and ceilings, watching our children sitting on broken chairs, using bathrooms without running water or toilet paper, and struggling to achieve their personal best without the services and resources they are supposed to have. Battling Corruption in America's Public Schools is the first book ever to systematically examine school waste and corruption and how to fight it. Ms. Segal, an undercover school investigator turned law professor, documents where the money goes, how waste and fraud embedded in the operation of large school bureaucracies siphon money from classrooms, distort educational priorities, block initiatives, and what we can do to bring badly-needed change. She describes in detail how only a small percentage of the money allocated to students in our public schools actually gets used by them due to corruption and waste, and how city school systems scoring lowest on standardized tests tend to have the biggest criminal records and most payroll padding. Coding problems, the procurement process, compartmentalization and opacity of information leave administrators with only two options: good corruption (which ultimately helps the kids) and bad corruption (which never helps anyone but the perpetrator and his/her allies and accomplices). Indeed, the system fights those who try the good corruption route.

Ms. Segal argues that the problem is not usually bad people, but a bad system that focuses on process at the expense of results. Decades of rules and regulations along with layers of top-down supervision make it so hard to do business with school systems that they encourage the very fraud and waste they were designed to curb. She tells us about how the "godfathers" and "godmothers" (the school board members) obtain jobs for their "pieces" in order to protect the systemic waste and fraud from being dismantled or exposed. Fortunately, she writes, there are good people involved in the corruption as well who must violate the rules in order to get their jobs done. Nonetheless, absurdities abound: school systems following rules to save every penny spend thousands of dollars hunting down checks as small as $25; it takes so long to pay vendors for their work that some have to bribe school officials to move their checks along; caring Principals who want to fix leaky toilets may have to pay workers under the table because submitting a work order through the central office could, and often does, take years. Meanwhile, those who pilfer from classrooms get away with it because the pyramidal structure of large districts makes schools inherently difficult to oversee. What makes Battling Corruption in America's Public Schools a must-read is not only the fascinating - and depressing - details of the systemic wrong-doing but also Ms. Segal's suggestions for reform, based on the proven track records of school systems across North America that have successfully reduced waste and fraud and have pushed more resources into schools.

The pathology of the corruption suggests the remedy, Ms. Segal says, which is decentralization of power into the schools and the hands of the Principals. Distilling what successful school systems have done, Segal advocates new forms of oversight that do not clog up school systems and recommends giving principals more discretion over their school budgets as well as holding them accountable for job performance. She argues for "autonomy in exchange for performance accountability" as part of a bold, far-reaching plan for reclaiming our schools. Her conclusion is logical and convincing. Everyone who reads this book will find his or her perception of public school education changed forever. We cannot accept any longer that a generation of children has been abused by a system that is so full of greed and corruption without screaming "stop!" and "Your game is up!"

Segal reveals how systemic waste and fraud siphon millions of dollars from urban classrooms and shows how money is lost in systems that focus on process rather than on results, as well as how regulations established to curb waste and fraud provide perverse incentives for new forms of both. Anyone who is interested in school reform--this means anyone who pays taxes, is a parent or guardian of a child attending school, and/or who works toward a goal of establishing an education system that puts children first--must read this book. --

Lydia G. Segal is Associate Professor of Criminal Law and Public Administration at John Jay College of Criminal Justice, City University of New York.

The NYC BOE FAMIS Online Tour

The FAMIS Portal Online Tour provides an overview and demonstration of the FAMIS Portal. Computer speakers or headphones are recommended. Choose an item of interest below, or click on the Introduction to proceed through all of the modules in sequence.

About Me

Reporter, paralegal, advocate,I will investigate, search on the internet and in all data bases for information that will help a person in need of resolution to a problem.I believe in substantive and procedural due process for all individuals, groups and organizations and trademarked the term "e-accountability" to describe the purpose of my work. I am the parent of four daughters.

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